How to manage the personnel files of labor dispatch

How to manage the personnel files of labor dispatch

China ancient archives have different titles in different dynasties. Shang dynasty called it a book, Zhou dynasty called it a clock, Qin and Han dynasties called it an ancient book, and Han and Wei dynasties later called it a document, a copy, a file and a book. After the Qing dynasty, it was often called "file", but now it is unified as "file". The following is my personal file on how to manage labor dispatch for you, for reference only, I hope it will help you!

A unified file management model for labor dispatch workers:

1, handle personnel file transfer formalities for labor dispatch workers in time;

2. Timely handle recruitment filing procedures for newly recruited dispatched personnel.

3. Entrusted to handle all kinds of certificates for foreign employees;

4, according to the provisions of the agency materials recorded in the relevant file certification procedures;

5. Upon the expiration of the dispatch agreement, the agency files shall be kept or handed over according to the requirements of the employing unit and the dispatched employees.

2. Where are the files of dispatched employees?

1. File storage object: All the labor and personnel files and personal files of each unit that need to be kept in the labor and social security department can be kept for a long time or a short time according to the wishes of the labor dispatch workers, and can be kept and transferred freely.

2. File storage location: files that need to be kept and kept shall be directly applied to the Municipal Employment Office by individuals or units.

3. Contents of file keeping: Individuals and units in charge of files may entrust the Labor Development Center to pay various insurances voluntarily paid by individuals, such as endowment insurance and unemployment insurance. A trustee who meets the conditions prescribed by the state may go through retirement procedures on his behalf, assist in the salary adjustment and professional title evaluation of archives, and provide and transmit relevant archival materials to relevant units in accordance with regulations.

4. New labor files: The Labor Development Center will create new labor and personnel files for all kinds of laborers, employees of township enterprises, self-employed workers and college graduates as the basis for handling transfer and retirement procedures. After the new file is created, it enjoys the same treatment as the above-mentioned file storage content.

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Labor dispatch refers to the relationship between the dispatching unit and the actual employer after concluding a labor contract, signing a labor dispatch agreement with the actual employer, sending workers to work in the employer, and the employer actually uses the workers, and the employer pays management fees, workers' wages, social insurance premiums, etc. To the dispatch unit. Labor dispatch is a typical "relationship without labor, relationship without labor", that is, labor dispatch units establish labor relations with workers and sign labor contracts, but workers do not provide labor for labor dispatch units, and workers provide labor for employers but do not sign labor contracts, resulting in the separation of labor employment and labor use.

(1) Labor dispatch posts

Compared with labor contract employment as the basic employment form of enterprises, labor dispatch employment is a supplementary form, which can only be implemented in temporary, auxiliary or alternative positions. Temporary work refers to work that lasts no more than 6 months; Auxiliary posts refer to non-main business posts that provide services for main business posts; Alternative work refers to the work that can be replaced by other workers in a certain period of time when the employees of the employer are unable to work due to full-time study, vacation and other reasons.

(2) Labor dispatch units

A labor dispatch unit is an enterprise legal person that dispatches workers to the actual employer. In order to standardize the labor dispatch relationship and protect the legitimate rights and interests of dispatched workers, the law sets a certain threshold for labor dispatch units. First of all, the labor dispatch unit should have a registered capital of not less than 2 million yuan, a fixed business place and facilities suitable for business development, and a labor dispatch management system that conforms to laws and administrative regulations. Secondly, the operation of labor dispatch business should apply to the labor administrative department for administrative license, and the corresponding company registration can be handled only after obtaining the license; Without permission, no unit or individual may engage in labor dispatch business.

The Labor Contract Law clearly states that the labor dispatch unit is the employing unit, and should fulfill the obligations of the employing unit to the laborers, abide by the relevant provisions of the Labor Law, and conclude a written labor contract with the dispatched laborers. The labor contract shall meet the following requirements: the labor dispatch unit shall conclude a fixed-term labor contract with the dispatched workers for more than 2 years to protect the working rights of the labor dispatch personnel; In the labor contract, in addition to the necessary provisions of the labor contract, the employer, dispatch period and post of the dispatched worker should also be clearly defined. ; In order to protect the right to labor remuneration of dispatched workers, it should be paid monthly: during the period when dispatched workers are not working, the labor dispatch unit should pay them monthly labor remuneration according to the minimum wage standard stipulated by the local people's government; The labor dispatch unit shall not deduct the labor remuneration paid by the employing unit to the dispatched workers according to the labor dispatch agreement; Where a labor dispatch unit dispatches workers across regions, the remuneration and working conditions enjoyed by the dispatched workers shall be implemented in accordance with the standards of the place where the employing unit is located. Labor dispatch units and employing units shall not charge the dispatched workers.

At the same time, the labor dispatch unit has the right to terminate the labor contract with the dispatched workers in accordance with the relevant provisions of the Labor Contract Law; Where a labor dispatch unit illegally cancels or terminates the labor contract of the dispatched worker, it shall bear the legal responsibility for illegally canceling or terminating the labor contract in accordance with the Labor Contract Law.

(3) Labor dispatch agreement

Labor dispatch agreement is a written agreement signed between the labor dispatch unit and the actual employing unit on labor dispatch matters. The Labor Contract Law stipulates that the labor dispatch unit shall conclude a labor dispatch agreement with the unit that accepts the labor dispatch. The labor dispatch agreement shall stipulate the number of dispatched posts and personnel, the dispatch period, the amount and payment method of labor remuneration and social insurance premiums, and the responsibility for violating the agreement; Labor dispatch is generally implemented in temporary, auxiliary or alternative jobs; The employing unit shall determine the dispatch period with the labor dispatch unit according to the actual needs of the post, and shall not divide the continuous employment period into several short-term labor dispatch agreements. The labor dispatch unit shall inform the dispatched workers of the contents of the labor dispatch agreement; The dispatched workers have the right to know.

(4) Obligations of the employing unit

Although the Labor Contract Law does not stipulate that the actual employer in the labor dispatch relationship is the employer in the sense of labor law, it strengthens the obligations of the actual employer in labor dispatch from the following aspects: implementing national labor standards and providing corresponding working conditions and labor protection; Inform the dispatched workers of their job requirements and remuneration; Pay overtime pay and performance bonus, and provide post-related benefits; Provide necessary on-the-job training for dispatched workers; Continuous employment, the implementation of normal wage adjustment mechanism; The dispatched workers shall not be dispatched to other employers; It is not allowed to set up a labor dispatch unit to send workers to the unit or its subordinate units, that is, it is not allowed to set up a labor dispatch unit or its subordinate units with its own funds, and it is not allowed to send workers to the unit or its subordinate units; Employers should strictly control the number of labor dispatch, and the Ministry can exceed a certain proportion of its total employment.

(5) the right to dispatch workers

The Labor Contract Law gives the dispatched workers the following rights:

Give dispatched workers the right to join and organize trade unions. The dispatched workers have the right to join or organize trade unions in the labor dispatch unit or the employing unit according to law to safeguard their own rights and interests; Give the dispatched workers the right to terminate the labor contract. The dispatched workers can terminate the labor contract through consultation with the employer in accordance with the Labor Contract Law. When the employer violates the law or the contract, the dispatched worker has the right to unilaterally terminate the labor contract with the labor dispatch unit. Enjoy the right to equal pay for equal work with the workers in the employing unit, and the employing unit shall, in accordance with the principle of equal pay for equal work, implement the same labor remuneration distribution method for dispatched workers and workers in similar positions in the unit.

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